Trial Magazine

Security guard Steven Meier was patrolling a PennySaver USA warehouse facility when Oliver Cervantes backed into Meier with a forklift. The machine dragged Meier about 15 feet, trapping and crushing his right leg and ankle. Employees had to bring in a second forklift to dislodge his leg.

Meier, 59, sustained serious injuries to his right leg and ankle and a degloving injury to his lower leg. He underwent multiple surgeries and other procedures to stabilize the fractures, repair nerves and tendons, and combat infections. About a year and a half after the incident, he suffered a severe infection requiring amputation of his leg below the knee. He then underwent three revision surgeries to the stump before being fitted with a temporary prosthesis. He likely will require at least one additional revision surgery in the future.

Meier sued Cervantes and PennySaver USA, alleging that Cervantes was negligent in operating the forklift and failed to look backward in the direction he was traveling.

The defendants argued that the forklift’s backup alarm and strobe light were activated at the time of the collision and that Meier was negligent in failing to heed the warnings, especially since he was on duty as a security guard and had to be constantly aware of his surroundings. The defense also argued that Meier had been provided with a safety vest and flashlight but had failed to use them.

During jury deliberations, the parties entered into a ­high-low agreement with a high of $22 million and a low of $4 million. The jury found that Cervantes and Meier were negligent but that Meier’s negligence was not a substantial factor in causing the incident. The jury awarded Meier approximately $16.95 million, including $7.5 million each for past and future pain and suffering, $1.3 million for future medical expenses, approximately $464,300 for past medical expenses, $100,000 for future lost earning capacity, and approximately $84,100 for past lost earnings. Under the terms of the ­high-low agreement, the full verdict amount will be paid.

Citation: Meier v. PennySaver USA, No. RIC1507069 (Cal. Super. Ct. Riverside Cnty. July 11, 2017).

Plaintiff counsel: AAJ members Ricardo Echeverria and Kristin E. Hobbs, both of Claremont, Calif.; and Dennis A. Thayer, Riverside, Calif.

Plaintiff experts: Douglas Smith, orthopedic surgery, Seattle; John Michael, prosthetics, Chicago; Richard Andersen, vocational rehabilitation, Westminster, Calif.; Rhonda Renteria, life care planning, Corona, Calif.; and Timothy Lanning, economics, Santa Ana, Calif.

Defense experts: Gavin Huntley-Fenner, human factors, Irvine, Calif.; Kendall Wagner, orthopedic surgery, Fullerton, Calif.; Steve Molina, vocational rehabilitation, Santa Ana; Sarah Larsen, life care planning, Atwater, Calif.; and David Weiner, economics, Los Angeles.